From time to time, as part of its obligations to maintain its streets, sewers, drains and water lines, the village is required to dig within its right-of-way or alter the grade of its roads or sidewalks. In order to accomplish that work at a reasonable expense to the taxpayers, while still acknowledging the beautification of neighborhoods and properties by property owners installing aesthetically pleasing pavement choices such as paving bricks or blocks, textured concrete or other relatively expensive material, the village adopts the following policy.
(A) As set forth in § 52.042 hereinabove, the village's position as the owner of the right-of-way or the easements for the underground utilities shall not be diminished by any resident's installation on the right-of-way of surface materials, such as pavement, bricks or blocks;
(B) The village shall be obligated to reasonably restore the surface area when its work is complete.
(1) In particular, with respect to driveways and approaches that lie, or partially lie, in the right-of-way, the village shall not be obliged to restore any paving other than by use of materials that are no more expensive than those used in the adjoining roadway.
(2) If the property owner wishes to install or reinstall any more expensive materials, the village will compensate him or her to the same extent that the repairs would have cost and to no further extent whatsoever.
(Ord. 2011-O-14, passed 7-19-11)